(a) The assignee and owner of a non-negotiable chose in action may sue thereon in his or her own name. Such person shall in his or her pleading on oath allege that he or she is the actual bona fide owner thereof, and set forth how and when he or she acquired title. The action is subject to any defense or set-off existing before notice of the assignment.
2-403.Who may be plaintiff - Assignments - Subrogation.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-403 sets the rules for suing on an assigned claim or a subrogated claim, including pleading requirements, defenses that carry over, and special protections when wages have been assigned.
Full Text of 735 ILCS 5/2-403
(b) In all cases in which the chose in action consists of wages due or to become due to the assignor thereof from the defendant in the action, at least 5 days' written notice of the pendency of the action shall be served upon the assignor, before the trial of the same. Upon application of the assignor of the chose in action the court shall allow him or her to intervene and be made a party to the action. The assignor, or the defendant to the action on behalf of the assignor, shall be allowed to set up or affirmatively maintain any just setoff, discount or defense which the assignor may have to the assignment of the chose in action, or to the indebtedness, the payment of which is secured by the assignment of the chose in action. The court, by jury or otherwise, shall ascertain the amount of the indebtedness remaining due and unpaid from the assignor to the assignee of the chose in action. The judgment, if any, against the defendant shall not exceed the amount so found to be due and unpaid from the assignor to the assignee of the chose in action. Judgment for the balance, if any, remaining due from the defendant, upon the assigned chose in action, shall be rendered in favor of the assignor and against the defendant in the action or proceeding. The court may enter any order as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee; and the subrogee shall in his or her pleading on oath, or by his or her affidavit if pleading is not required, allege that he or she is the actual bona fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by virtue of the subrogation provision of any contract or by virtue of any subrogation by operation of law, whether in the name of the subrogor or otherwise, is not a bar or a determination on the merits of the case or any aspect thereof in an action by the subrogor to recover upon any other cause of action arising out of the same transaction or series of transactions.
Plain-English Summary
Someone who has been assigned a non-negotiable chose in action — a right to sue that isn't a negotiable instrument — can sue on it in their own name, but the pleading must be made on oath and must allege that the person is the actual bona fide owner, stating how and when they acquired title. The action still carries any defense or setoff that existed before the defendant had notice of the assignment.
Wage assignments get extra protection. If the underlying claim is for wages owed to the assignor, the assignor must get at least 5 days' written notice of the case before trial, and the court must let the assignor intervene on application. The assignor, or the defendant acting on the assignor's behalf, can raise any setoff, discount, or defense against the assignment or the debt it secures. The court then figures out how much the assignor still owes the assignee, caps the judgment against the defendant at that amount, and enters judgment for any remaining balance in favor of the assignor against the defendant, with costs allocated as equity requires.
Subrogation claims work on a similar model: an action brought under a contract's subrogation clause or by operation of law must be brought in the name of, or for the use of, the subrogee, and the subrogee must allege under oath (or by affidavit, if no pleading is required) that they are the actual bona fide subrogee and how and when that status arose. A judgment the subrogee obtains doesn't bar or decide the merits of a later suit the original claimant brings on a different claim arising from the same transaction.
Frequently Asked Questions
Can someone who was assigned a claim sue on it in their own name?
Yes, if the claim is a non-negotiable chose in action. The assignee must plead on oath that they are the actual bona fide owner and state how and when they acquired title, and the action remains subject to any defense or setoff that existed before the defendant had notice of the assignment.
What extra protection applies when the assigned claim is for wages?
The assignor must get at least 5 days' written notice of the case before trial and may intervene on application. The assignor, or the defendant on the assignor's behalf, can raise any just setoff, discount, or defense, and the court determines how much the assignor still owes the assignee before capping the judgment against the defendant at that amount.
What must a subrogee allege before suing on a subrogated claim?
The subrogee must allege, under oath in the pleading or by affidavit if no pleading is required, that they are the actual bona fide subrogee and set out how and when that subrogation arose.
Does a subrogee's judgment stop the original claimant from suing later?
No. A judgment in an action brought and conducted by a subrogee isn't a bar or a merits determination for a later action the subrogor brings to recover on a different claim arising out of the same transaction or series of transactions.
Can a defendant raise defenses against an assignee that existed before the assignment?
Yes. An action by an assignee on a non-negotiable chose in action is subject to any defense or setoff that existed before the defendant had notice of the assignment.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: assignment of a chose in action illinoissubrogation lawsuit illinoissuing as an assignee illinoiswage assignment lawsuit protections